New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1887-08-03
.,rncr poTTEFS RESPONSIBILITY.

Whateycr nav be the fate of the appiica-
ton Mr.. Justice Pot or is now cons dering
for stay of the SO rtenoc against Jacob sharp
il Ii eminenNy desirable that the people
should understand Just whit he is asked t.
do and Just what his q thority is. The law
relating to stay of proc ings pendihg an
aupeal in a Grim nal ca-e is rlghte us, rs Inc
law usually is. 1t p esumes that great errors
involving unjust and altogether wrmgfui
Affections to an accused per'on may OCCASION
ally be made. 1t presumes the imperiechons
of the machinery of ju uce and foresees I'M
uositons thai amount to outrage Ian upon q
defendant who has been wrongfuly con-
victed. It is conceivable ths5 he might be
convicted upon tes imonp aftcrward dlScov-
cred to be wholly m nufactu.ed, or because Oh
fragrant blunders OIL tn. part oil JUICE or
iury. 1t g es W thout syIng thn In such
an event it would be gross injustice Tor the
convicted man to spend single hour IN JAIL
The law. therefore, arranged t, meet such
cxigencies, an reposed in a Supreme Court
Juoge the authority to st'y ntencc when
he felt cony incel that the in gment would
not stand upon appel Sharps counsel arc
proceeding upon this theory Before they go
TO the al pc a C courts The have undertaken
to show Judge, whose authority is no greater
than that of tn, trial j; dge, that such PLAIN
and obvious error was m n it'd upon the
sr al a. Will warrant him in interfering with
It's result Judge Potter is not court OF
review and appeal He is not expected 10
examine the case with the care and mcthoi
of Judges whose duty it is t. afh m or re-
verse. He can do neither OF thcse things.
He merely holds tn hand of chast scment IN
sils pension, and in doing so saws In eneci
at is apparent that error has been done In
this case, so gross and 30 paient TINT cannot
doubt but that the appetite courts Will re-
verse the jujg nent. This be ng ear beyond
reasonable doubt, it would be outrageous for
Sharp to serve an hour of his sentence. and
therefore | stay the sentenc mil the courts
of review can undo this palpable wrong
No one can fail t, Sc that the assumption
of this responsibility in case oil wholesale
legislative br berry, tried by so eminent
Judge as Judge Barrett, before jury Of such
noted intelligence and respeciab lity as that
which sat upon Snaps trial, III IL oil d
man whose record for score of years is black
with similar Grimes would be sta ting Ok
ercise of judicial disc eion. That Judge
Potter would assume it only u, on the pro-
found conviction that it Is his absolute duty
to do so we have no doubt but even then
the country would regard his action with
amazemcnt The people, even while conced-
ing Judge Potters integrity and ability. know
that Sharp is knave justly convicte OF a
tremendous crime, the evil influences of which
will be felt for years rignteoasly sentenced
to a punishment only to ina' equ te, -unre-
pcntant and defiant holding on even In the
hour of his shame and proven guilt to the
proceeds of his villany and they will be
wholly unable TO understand an act which
protects him from the laws stern lash. Such
an act, coming not as his lawful right 0nt
Us o jud.cial discretion, would be all the
more inexpfoable.